Phoenix Aggravated DUI Lawyer

Phoenix Aggravated DUI Attorney

If you’re facing serious DUI charges, it’s important to have a Phoenix aggravated DUI lawyer who understands the high stakes involved. A skilled Phoenix DUI lawyer can help protect your rights and guide you through the legal complexities, making sure you’re protected to the fullest extent. Every DUI arrest in Phoenix is a serious matter that can have long-term consequences on your life.

Although most examples are misdemeanors, some situations can lead to aggravated DUI allegations. Convictions here are felonies that come with mandatory prison sentences as well as a revocation of your driver’s license. Still, prosecutors still bear the burden of proving the core DUI facts and the factors that make an arrest aggravated.

A Phoenix aggravated DUI lawyer at our firm can raise reasonable doubt in the prosecution’s case and fight to protect your rights. Let the dedicated criminal defense attorneys in Phoenix at Grand Canyon Law Group are ready to explain the laws in your case and develop a strong defense on your behalf.

WHAT MAKES A DUI CASE AGGRAVATED?

It is illegal to drive a vehicle while under the influence of drugs or alcohol. This core concept still applies to aggravated DUI cases, and prosecutors must prove this idea beyond a reasonable doubt. What differentiates an aggravated DUI case are the defendant’s alleged actions that make the offense more serious. According to Arizona Revised Statute § 28-1383, many instances can result in aggravated charges.

The most common is a person’s prior history of DUI. If a driver has two or more DUI convictions within the past 84 months, the case can automatically move forward as an aggravated DUI. The prosecutor must prove this prior history when seeking an enhanced penalty.

Aggravated DUI charges may also result from the following:

• Having a child under the age of 15 in the vehicle at the time of the event: Driving under the influence with a child in the vehicle is extremely dangerous and may be charged as an aggravated DUI right away. Arizona law imposes strict penalties to protect vulnerable passengers, including mandatory prison terms and license revocation.
• The arrest occurring while a driver has a suspended license for a separate DUI offense: Arresting a person for DUI while their driver’s license is already suspended or revoked as a result of a previous DUI conviction will result in an aggravated DUI prosecution. Since this is considered a recurrence, the state will increase the severity of the punishments, including the length of time spent in prison and the amount fined.
• The arrest occurring while a driver is using a court-ordered ignition interlock device: Driving under the influence or refusing a blood alcohol concentration (BAC) test while mandated to utilize an ignition interlock device (IID) will result in an aggravated DUI charge.

A skilled Phoenix attorney at our firm can help people understand why a DUI case is moving forward with aggravating factors.

PROVIDING A DEFENSE AGAINST AGGRAVATED DUI CHARGES IN PHOENIX

An aggravated DUI conviction is a life-changing event. According to the statute, these are class 4 felonies. Even in examples where a person has no prior felonies, and the case comes with mitigating factors, a conviction requires a judge to sentence a person to at least one year in prison. If the case comes with aggravating factors, the judge can impose a sentence of as long as 3.75 years. In addition, the court must order the total revocation of a defendant’s driver’s license.

CHALLENGING THE REASON FOR ARREST

Clearly, it is crucially important to fight back against these charges. One option is to challenge the reason for an arrest. Officers often rely on their personal observations to justify a DUI arrest. Factors such as supposed glassy eyes, the smell of alcohol, or the results of field sobriety tests are vulnerable to cross-examination at trial.

FIGHTING FOR REDUCED CHARGES

Another option may be to challenge the supposed facts that led to a case moving forward as an aggravated offense. This could include debating whether an ignition interlock device resulted from a court order or discussing why a driver’s license was under suspension. A local aggravated DUI lawyer can work to determine the best defense for the circumstances.

LET A PHOENIX AGGRAVATED DUI ATTORNEY FIGHT FOR YOU

All DUI cases must be taken seriously. However, when a prosecutor is pursuing a case as an aggravated or felony version, it is crucial that you act quickly to protect yourself. Convictions are felonies that will require at least a one-year prison sentence and could lead to the loss of your license.

Phoenix Aggravated DUI FAQs

Q: What Is an Aggravated DUI in Phoenix?

A: An aggravated DUI in Phoenix can happen when a person is charged with a DUI and is driving on a suspended, revoked or canceled license. It could also happen if a passenger under 15 years of age was in the vehicle or it is the third DUI committed within an 84-month period. These elements take what would normally be a misdemeanor-level charge, and elevate it to a felony which carries much harsher penalties​.

Q: What Are the Penalties for an Aggravated DUI in Phoenix?

A: The consequences of an aggravated DUI in Phoenix are very severe. For a first-time conviction, there is a mandatory prison sentence of four months or more, which can increase with the number of similar convictions you have incurred.​

For an aggravated DUI in Arizona, offenders are responsible for paying fees starting at $750, face a mandatory one-year driver’s license revocation, the requirement of an ignition interlock device, and mandatory alcohol screening and treatment.

Q: How Can a Phoenix Aggravated DUI Lawyer Help My Case?

A: A Phoenix Aggravated DUI Lawyer can help your case by examining the details, challenging whether the traffic stop was lawful, contesting BAC results, negotiating plea agreements, requesting reduced sentences, or arguing for alternative penalties. Alternative penalties could include rehabilitation programs. An experienced DUI lawyer can be a great resource to lean on during your case.

Q: What Should I Do If I’m Charged With an Aggravated DUI in Phoenix?

A: If you’re accused of an aggravated DUI, the first thing you should do is engage an experienced lawyer. Refrain from speaking with law enforcement about the case until you have an attorney present. Your attorney can help you navigate the complex legal system, challenge the evidence, and try to reduce your charges or sentence.

Contact a Phoenix Aggravated DUI Lawyer

Contact a Phoenix aggravated DUI lawyer now. At Grand Canyon Law Group, we are ready to explain the state’s laws, evaluate the reason for your arrest, and seek a defense plan that appropriately fits the facts of your case.

Our experienced legal team can aggressively fight to protect your rights. We can work diligently to reduce the penalties or potentially have your charges dismissed. Contact us today to learn more and take the first step toward protecting your future.

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